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KOHLER v. VEGA-MALTES

No. 2D02-2442.

838 So.2d 1249 (2003)

Charles KOHLER, Appellant, v. Angelica T. VEGA-MALTES, Appellee.

District Court of Appeal of Florida, Second District.

March 12, 2003.

Attorney(s) appearing for the Case

Manuel N. Lindiakos and Celene Humphries of Manuel N. Lindiakos, P.A., Tarpon Springs, for Appellant.

John Boult of Barr, Murman, Tonelli, Slother & Sleet, Tampa, for Appellee.

WHATLEY, Judge.

Charles Kohler appeals the dismissal of his complaint for failure to comply with Florida Rule of Civil Procedure 1.070(j), which requires service of process within 120 days of filing the complaint. We reverse.

Florida Rule of Civil Procedure 1.070(j) provides the following:

If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading the court, on its own initiative...

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